Good Day. My name is Nolan. Ive got married for American girl 7 months ago (I am not us citizen) and right after our wedding she got back to my own country when she is working right now and having a contract until the end of September, 2016. Ive got my EAD and travel permit only 2 weeks ago (had some RFE) and since we didn't see each other for a whopping 7 months. So the question is:
My case is ready to be scheduled for an interview since april, 6th. As I mentioned before we didn't see each other after the wedding cause she came back to work and I have been resolving a lot of issues with my Adjustment of Status in US. And since we didn't live together before the wedding (and after as well) do I need to fly back to my wife for a couple of months (or more???) in order to make all things done such as common living, mutual bank account (of my native country) etc etc – all the main things that USCIS need to be shown on the interview?
PS also, how long it can take to be invited on the interview as of right now?
I am extremely appreciate your help
Best regards and have a wonderful day, Nolan.
You will have to prove the marriage is bona-fide and overcome any presumption of marriage fraud. Not living together before and after marriage certainly raises red flags, even if you establish mutual bank accounts and could be problematic at your interview. Seek the advice of a qualified immigration attorney well before your interview.
Living together is evidence of a bona fide marriage. You have never lived together. You need to start living together right now and create a joint life to have a chance at obtaining your green card through marriage. There's no other way.
You have a crisis situation and if you are not sharing a home with your spouse you will have a significant challenge in obtaining your resident status. You should visit with a qualified immigration attorney to resolve the disconnect that exists between you and your spouse.
Living together as a marital couple provides good proof of a bonafide relationship. However, since you don't currently live together, you will need to provide a good explanation for that. The fact that your wife has an overseas contract shows there is a valid reason for you living apart. Find other things to show that you are happily married such as text messages, emails, Skype conversations, etc. I recommend that you hire an attorney to guide you through the remainder of your case.
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